With a ruling dated May
18, the Supreme Administrative Court declared order № РД-01-157 / 26.03.2020 of
the Minister of Health null and void in its part, which allowed preliminary
execution of several other orders concerning the coronavirus quarantine
measures in the country.
The order was considered null and void because it was issued in
the absence of material competence. By its nature, it is an order for preliminary
execution of other orders specified in it, representing general administrative
acts. The Minister of Health lacked the power to rule on whether there will be
preliminary implementation of general administrative acts, as this is provided
directly in the law.
Administrative case № 3706 of 2020 was initiated on the basis of
a complaint by an individual who was placed under a 14-day quarantine on
arrival in Bulgaria and during that time was not entitled to return to work in
the United Kingdom. The Bulgarian citizen complained about parts of orders of
the Minister of Health, including orders RD-01-130
/ 17.03.2020; RD-01-131 / 17.03.2020; RD-01-140 / 19.03.2020 and RD-01-143 /
20.03.2020, which concern these quarantine measures.
The ruling can be appealed before a five-member panel of the
SAC.
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